General Terms and Conditions
1. General Terms and CONDITIONS / SCOPE
1.1. MARK.SENZE e.U., Marilies-Moest-Strasse 37, 4600 Wels, Austria, register number 636439s, Christoph Zoister, is the owner of a company called MARK.SENZE (hereinafter referred to as “MARK.SENZE” or contractor) and offers services in four areas: 1) consulting services in the strategy, marketing and innovation area, 2) trainings in the strategy, marketing and innovation area, 3) coaching in the marketing or business context, and 4) provision of digital content (= content) in the strategy, marketing and innovation area. MARK.SENZE presents itself externally under the following areas and brands: MARK.SENZE, MARK.SENZE STRATEGY, MARK.SENZE INNOVATION, MARK.SENZE TRAINING and MARK.SENZE MARKETING BOOTCAMP. In the following, only the designation MARK.SENZE will be used across all areas and brands.
1.2. These general terms and conditions of business apply exclusively to all legal transactions between you as the client (the term client will be used in the following) and MARK.SENZE as the contractor. The version valid at the time of the conclusion of the contract or purchase is decisive in each case.
1.3. These general terms and conditions of business also apply to all future contractual relationships, thus even if no express reference is made to them in additional contracts.
1.4. Conflicting general terms and conditions of the client are invalid, unless they are expressly recognised in writing by MARK.SENZE.
1.5.he client is either a consumer within the meaning of section 1 para. 1 no. 2 KSchG [Austrian Customer Protection Act] or an entrepreneur within the meaning of section 1 para. 1 no. 1 KSchG.
1.6. For the purpose of better readability, no gender-specific differentiation is made. This is done without any intention of discrimination. All genders are equally addressed.
1.7. The business and contractual language is, depending on the selection, German or English.
2.1. Scope for consulting services, training, education or coaching
2.1.1. The scope of a specific consulting order, training or coaching is contractually agreed according to the stated service description when purchasing and/or commissioning via the website or web shop through the purchase contract or commissioning contract. The end of the service is defined with the conclusion of the consulting order, training or coaching. In the case of individual enquiries, the scope of the consultancy order, training or coaching shall be contractually agreed in each individual case. The end of the service is either contractually agreed, otherwise the end is defined with the conclusion of a consulting assignment or after fully completed trainings or coachings.
2.1.2. The client undertakes to fulfil certain pre-conditions (such as: the transfer of data, documents, information, premises and decisions, etc.) according to the product specification at the time of purchase to the client. The project will only be started by MARK.SENZE when the client has fulfilled the preconditions. The documents will be provided by the client in German or English, depending on the selection.
2.1.3. Part of MARK.SENZE’s scope of services are the included services as advertised in the product description at the time of purchase.
2.1.4. Not part of the scope and not included are the following services and costs for: 1) any service incurred outside of this scope of work as defined in the product description at the time of purchase; 2) costs incurred for holding workshops, such as: rent for a seminar room, provisions, catering, etc.; 3) travel costs, per diem, accommodation costs; 4) market research to be carried out at the request of the client or obtaining data for which a charge is made; 5) additional correction rounds, appointments, presentations or workshops outside the definition of the product description at the time of purchase. These will be billed at MARK.SENZE’s normal hourly or daily rates if requested by the client; 6) Fulfilment of the pre-conditions which the client was already required to submit to MARK.SENZE prior to the start of the project (see point 2.1.2).
2.1.5. If a flat-rate consumption fee (for catering on site) is shown in the course of the provision of services, this shall be payable in addition to the agreed seminar price and shall be binding. If the customer is a consumer, they will be informed of the consumption fee before the contract is concluded. The consumption fee must be paid in advance (before the service is provided). It should be noted that a consumption fee cannot be refunded in the event of cancellation, as the event operator has already incurred costs. If the customer is a consumer, MARK.SENZE will, upon request, provide the reasons for the fact that MARK.SENZE has neither saved anything as a result of the failure to provide the service nor acquired anything through other use or intentionally failed to acquire anything.
2.1.6. MARK.SENZE is entitled to have third parties perform all or part of the tasks for which it is responsible. The third party will be paid exclusively by MARK.SENZE itself. There is no direct contractual relationship of any kind between the third party and the client.
2.1.7. The client is obligated not to enter into any kind of business relationship with persons or companies that MARK.SENZE uses for the fulfilment of its contractual obligations during and up to the expiration of one year after the termination of this contractual relationship. In particular, the client will not commission these persons and companies with such or similar consulting services that MARK.SENZE also offers. This regulation does not apply if the client is a consumer.
2.2. Scope in digital content (= content)
2.2.1. The scope of a specific content is contractually agreed according to the stated service description at the time of purchase and via the website or web shop through the purchase contract. The content shall be made available directly in digital form.
2.3. Ordering and conclusion of contract
2.3.1. The client shall ensure that he has the authorisation and/or power of attorney to commission orders to this extent or to obtain services to this extent. It is not the duty of MARK.SENZE to check this. MARK.SENZE assumes that a client is authorised to commission or purchase.
2.3.2. The contract is concluded upon acceptance of the client’s order by the contractor.
2.3.3. By clicking the button “Order subject to payment”, the client places a binding order to conclude a contract with the contractor. The contractor is not obliged to accept this order. Before finally submitting an order, the client has the opportunity to check it for any errors and to correct it if necessary.
2.3.4. The contractor shall confirm receipt of an order to the client by sending an e-mail to the address provided by the client (“Your MARK.SENZE order has been received” and/or “Thank you for your order”). This e-mail does not constitute acceptance of the order by the contractor. The presentation of the services and goods in the online shop does not constitute a legally binding offer, but only an invitation to place an order (“offer to place an order”).
2.3.5. The contractor reserves the right to check the feasibility of the order within five working days (in relation to the Republic of Austria).
2.3.6. The contractor can accept offers by confirming the acceptance of the offer in another e-mail (“Your MARK.SENZE order is now complete” and/or “Thanks for shopping with us”) or by sending or releasing the ordered goods and services. Only then does the contractual relationship with the client come into effect.
3.1. The client shall ensure that the organisational framework conditions for the fulfilment of the consulting assignment at his place of business allow for the most undisturbed work possible, which is conducive to the rapid progress of the consulting process.
3.2. The client will also inform MARK.SENZE comprehensively about previously carried out and/or ongoing consultations – also in other specialist areas.
3.3. The client will ensure that MARK.SENZE is provided with all documents necessary for the fulfilment and execution of the consulting assignment in a timely manner and that MARK.SENZE is informed of all processes and circumstances which are of importance for the execution of the consulting assignment. This shall also apply to all documents, processes and circumstances which only become known during the work of the consultant.
4.1. The contracting parties undertake to be mutually loyal if the client is an entrepreneur or B2B customer (= corporate client).
4.2. The contracting parties mutually undertake to take all precautions which are suitable to prevent the independence of the commissioned third parties and MARK.SENZE employees from being endangered. This applies in particular to offers made by the client for employment or the acceptance of orders on their own account.
5.1. MARK.SENZE undertakes to report to the client on the progress of its work, that of its employees and, if applicable, that of third parties commissioned.
5.2. The client will receive the final report within a reasonable period of time, i.e. up to four weeks after completion of the order.
5.3. MARK.SENZE is not bound by instructions in the production of the agreed work and acts at its own discretion and responsibility. The contractor is not bound to a specific place of work or a specific working time. The contractor is not integrated into the operational processes of the employer.
5.4.MARK.SENZE exclusively uses its own templates for the production of the agreed work. MARK.SENZE is responsible for determining which corporate identity and/or which design is used in the production of the documents. The client has no right to determine the corporate identity and/or the design of the documents.
6.1. Protection of intellectual property of MARK.SENZE
6.1.1. MARK.SENZE’s platforms and services are protected by copyright, trademark and other rights in the EU and other countries. Under no circumstances does the client have the right to use the MARK.SENZE name or trademarks, logos, domain names and other distinctive brand features of MARK.SENZE.
6.2. Protection of intellectual property in consulting services, training, education and coaching documents
6.2.1. MARK.SENZE retains the copyrights (meaning both the moral rights and the exploitation rights to works protected by copyright) to the works created by MARK.SENZE and its employees and commissioned third parties (in particular offers, reports, analyses, expert opinions, organisation plans, programmes, performance descriptions, drafts, calculations, drawings, data carriers, training documents, models, etc.). The created works may be used by the client during and after the end of the contractual relationship exclusively for purposes covered by the contract. These contents are protected by copyright and no exclusive right of use (i.e. exclusive right of use within the meaning of section 24 para. 1 second sentence UrhG [Austrian Copyright Act]) is transferred to the Client, but only a non-exclusive authorisation to use the work (“Werknutzungsbewilligung”) (within the meaning of section 24 para. 1 first sentence UrhG).
6.2.2. Pictures, illustrations or graphics from stock photo platforms may have been used in MARK.SENZE documents for illustrative purposes. The further use of one or more images, illustrations or graphics is therefore an infringement of the copyright of the respective author. For further processing or use, the rights of use must be obtained independently from the respective author.
6.2.3. In this respect, the client is not entitled to reproduce and/or distribute the work(s) without the express consent of MARK.SENZE. Under no circumstances will MARK.SENZE be liable to third parties – in particular for the correctness of the work(s) – as a result of unauthorised reproduction/distribution of the work(s).
6.3. Intellectual property regarding digital content (= content)
6.3.1. The copyrights of the MARK.SENZE content remain with MARK.SENZE. In concrete terms, this means that the exclusive rights to use the work and the moral rights remain with the contractor. However, the contractor grants the client a non-exclusive licence to use the content for the contractual purposes.
6.3.2. The client is granted a limited, simple, non-transferable licence (“Werknutzungsbewilligung”) to access and display the content, for which all required fees have been paid, for personal educational purposes. MARK.SENZE reserves all rights not expressly granted herein in the service and MARK.SENZE content.
6.3.3. Content may only be edited and downloaded in PDF format and only for personal educational purposes, provided that a download facility is available. Content in the form of videos may only be streamed and may not be downloaded or recorded unless an option to download is provided.
6.3.4. MARK.SENZE expressly prohibits clients from using our content in competing offerings or works of MARK.SENZE, including but not limited to use in courses, books, articles, programs, or any use other than a) the client’s own use for the client’s own business, or b) use for use in the business at which the client is employed.
6.3.5. The use of and access to MARK.SENZE content is expressly prohibited to clients or organisations that are a competitor of MARK.SENZE or are in the exploratory phase of forming a competitor.
6.3.6. In this respect, the client is not authorised to reproduce and/or distribute the content (without the express consent of MARK.SENZE). Under no circumstances will MARK.SENZE be liable to third parties – in particular for the accuracy of the work(s) – as a result of unauthorised reproduction/distribution of the work(s).
6.4. Infringement
6.4.1. The client’s violation of these provisions entitles MARK.SENZE to immediately terminate the contractual relationship prematurely and to assert other legal claims, in particular for injunctive relief and/or damages.
7.1. In order to order or commission services from MARK.SENZE, the client requires a client account. In order to use MARK.SENZE services, you must have reached the required age of consent for the use of online services and be at least 18 years old. The client agrees that by registering, accessing, or using our service, he/she is entering into a legally binding contract with MARK.SENZE. If the client does not agree to these terms, he may not obtain, access, or otherwise use any MARK.SENZE services.
7.2. When setting up and maintaining a customer account, the customer is obliged to provide correct and complete data, including a valid e-mail address, and to keep this data up to date. Clients in the B2B area (= corporate clients) must additionally ensure the correct company billing address and the deposit of the (if available) company VAT number. If a purchase order number of the client has to be stated on the invoice, this must be stored in the customer account. The invoice will be sent to the customer directly to the e-mail address specified in the customer account. MARK.SENZE is not responsible for forwarding the invoice to the appropriate department of the client or for the client’s failure to enter a purchase order number.
7.3. The client is solely responsible for his account and all activities related to it, including damages (to us or third parties) resulting from the unauthorised use of the account by a third party. The client may not transfer his account to a third party and may not use the account of a third party. This also applies to clients in the B2B area (= corporate clients) within a company. A client account may only be assigned to one natural person at a time within the company.
7.4. The client is responsible for ensuring that his password is protected, as he is responsible for all activities in connection with his account. If the client suspects that a third party is using your account, please inform MARK.SENZE immediately.
7.5. If the client requests access to their account from MARK.SENZE, we will only grant you access if you can provide us with the information to confirm that you are the owner of that account.
7.6. If the client wishes to close his account, he can do so in the user account.
7.7. MARK.SENZE may assign its rights and obligations under the contractual relationship (or the rights granted and licences granted thereunder) to any other company or person without restriction. Nothing in these terms and conditions shall confer any rights, benefits or remedies on any third party – person or entity. You agree that your account is non-transferable and that all rights in your account and other rights under these terms will terminate upon your death.
8.1. General provisions regarding warranty
8.1.1. MARK.SENZE is entitled and obligated, regardless of fault, to correct any inaccuracies and defects in its services that become known within the scope of the legal warranty. MARK.SENZE will inform the client of this without delay. By way of clarification, it is stated that, unless expressly agreed otherwise, no success is owed.
8.1.2. The following warranty provision shall apply to any work produced in the course of the consultancy services, if the client is an entrepreneur or B2B customer (= corporate client): In the case of consultancy services, the client’s claim under point 8.1 shall expire within 4 weeks of the provision of the respective service. In the event of acceptance and approval of project steps or the final report by the client, the claim shall expire with immediate effect, unless MARK.SENZE is notified of a defect (in the sense of section 377 in connection with section 381 Austrian Business Act) within 14 days of acceptance. If the client is a consumer however, the legal regulations shall apply.
8.2. Liability and limitation
8.2.1. The liability of the contractor for damages caused by slight negligence is excluded. The contractor’s liability is limited to the amount of the remuneration paid up to the time of the occurrence of the damage. The limitations of liability do not apply in the area of personal injury or in the case of claims under the Austrian Product Liability Act. Under no circumstances shall the contractor be liable for loss of profit.
8.2.2. The limitations of liability set forth herein shall also apply to any vicarious agents employed.
8.2.3. MARK.SENZE is not liable for delays or failure to provide services due to circumstances beyond MARK.SENZE’s control, such as acts of war or hostilities, acts of sabotage, natural disasters, power, Internet or telecommunications failures, or government or regulatory restrictions.
9.1. MARK.SENZE undertakes to maintain absolute confidentiality regarding all business matters of which it becomes aware, in particular business and trade secrets, as well as any information which it receives regarding the type, scope of business and practical activities of the client.
9.2. Furthermore, MARK.SENZE undertakes to maintain secrecy vis-à-vis third parties regarding the entire content of the service as well as all information and circumstances which it has received in connection with the creation of the work, in particular also regarding the data of clients of the client. Excluded from this are the conditions in the case of discount options, which the client may enter into voluntarily, whereby the contents of a project may be marketed as a case study by MARK.SENZE.
9.3. MARK.SENZE is released from the obligation to maintain confidentiality with regard to any assistants and substitutes it uses. MARK.SENZE is released from the obligation to maintain confidentiality with regard to any assistants and substitutes whom MARK.SENZE uses. However, MARK.SENZE must transfer the obligation to maintain confidentiality to these assistants and substitutes in full and is liable for their violation of the obligation to maintain confidentiality as for its own violation.
9.4. The duty of confidentiality shall also extend beyond the end of this contractual relationship without limitation. Exceptions exist in the case of legally stipulated obligations to make statements as well as in the case of discount options.
9.5. MARK.SENZE is entitled to process personal data entrusted to it within the scope of the purpose of the contractual relationship. The client guarantees MARK.SENZE that all necessary measures have been taken for this purpose, in particular those in accordance with the data protection law, such as declarations of consent from the persons affected.
9.6. MARK.SENZE also points out that the client’s data may be processed for advertising purposes on the basis of legitimate interests (Art 6 (1) lit f GDPR). The client may object to this form of data processing at any time (Art 21 (2) GDPR).
10.1. In the case of commissioning and/or purchase through the website or web shop, the advertised price is due as a fee according to the selected payment method and payment agreement as per the advertisement.
10.2. In the case of individual commissioning, MARK.SENZE will receive a fee in accordance with the agreement between the client and MARK.SENZE at the latest after completion of the agreed service. MARK.SENZE is entitled to issue an advance invoice, to issue interim invoices in accordance with the progress of the work and to demand payment on account in accordance with the respective progress. The fee is due upon submission of the invoice by MARK.SENZE.
10.3. MARK.SENZE will issue entrepreneurs or clients in the B2B sector (= corporate clients) with an invoice that entitles them to deduct input tax and includes all legally required features.
10.4. MARK.SENZE will endeavour to provide transparent cost information. All costs are already included in the agreed fee according to the offer or service description for services purchased through the website or web shop. Excluded costs are clearly and transparently indicated. Explicit costs are therefore only incurred at the explicit request of the client. Any cash expenses, out-of-pocket expenses, travel expenses, etc. are to be reimbursed by the client in addition to the fee invoiced by MARK.SENZE. Accommodation costs will be reimbursed to the contractor in the proven amount, expenses in accordance with the maximum tax rates. The contractor will also be reimbursed for the use of: 1) the train: 1st and 2nd class travel costs; 2) an aeroplane: business class and economy class flight costs; 3) the company car: € 0.42 for each kilometre driven. The contractor reserves the right to choose the appropriate accommodation, the appropriate means of transport and the booking class.
10.5. If the agreed service is not carried out due to reasons on the part of the client, MARK.SENZE reserves the right to full payment of the agreed fee. In these cases, however, the contractor must take into account what he has saved or could have saved through the omission of his services.
10.6. If MARK.SENZE fails to carry out the agreed work due to the premature termination of the contractual relationship, MARK.SENZE retains the right to payment of the entire agreed fee less saved expenses. In the event that an hourly fee has been agreed upon, the fee for the number of hours that could have been expected for the entire agreed upon work is to be paid less the saved expenses. Saved expenses which MARK.SENZE has not yet rendered by the day of the termination of the contractual relationship will not be charged.
10.7. In the event of non-payment of advance payments and/or interim invoices, MARK.SENZE is released from its obligation to provide further services. However, this does not affect the assertion of further claims resulting from non-payment.
10.8. The term of payment is agreed to be 14 days from the date of the invoice. All invoices are payable without deduction.
10.9. The prices for the services offered by MARK.SENZE are calculated in a fair and transparent manner. The prices are to be understood as fixed prices and individual prices will not be negotiated or agreed.
10.10. All prices are in euros (€) excl. VAT, unless otherwise stated.
10.11. The client agrees to pay for the service he/she has purchased and authorises MARK.SENZE to charge the debit or credit card with the payment or to use a payment method to process the payment. MARK.SENZE endeavours to cooperate with reputable payment service providers to protect your payment information.
10.12. If the client’s payment method fails and the client is still able to access a service, the client agrees to pay for the corresponding service within 14 days of receiving notification from MARK.SENZE.
10.13. MARK.SENZE reserves the right to withhold or disable access to any service for which MARK.SENZE has not received adequate payment.
10.14. The contractor’s receivables are due upon invoicing. If the claims are not paid within 14 days, the contractor will charge 4% per year in statutory interest on arrears from the due date. In the event of default, the client undertakes to reimburse the contractor for any reminder and collection costs incurred, insofar as they are necessary for appropriate legal action. If the client is an entrepreneur or clients in the B2B sector (= corporate clients), § 456 and § 458 of the Austrian Commercial Code (UGB) shall apply.
11.1. Prices and fees are fixed prices at MARK.SENZE and are not negotiated. However, the client can benefit from attractive discounts if the client wishes to obtain them voluntarily. MARK.SENZE’s discounts are linked to conditions which the client can find in the offer texts when purchasing/contracting on the website or web shop, in the offer or in the general terms and conditions.
11.2. Should a client voluntarily decide to purchase services with discounts, the client is obligated to fulfil the terms of the offer.
11.3. MARK.SENZE is responsible for the design of the discounts as well as the terms and conditions, and these can be changed at any time. MARK.SENZE reserves the right to make errors and mistakes.
11.4. If the discount conditions are not fulfilled by the client, the difference between the discount price and the normal price as well as a fee will be charged to the client. The fee is calculated as 10% of net order value of the client plus VAT.
11.5. The MARK.SENZE discount models are as follows:
11.5.1. Curiosity Deal: The client benefits from a ~5% discount on the advertised normal price. In return, the client agrees to the following conditions: 1) Advance payment: The client agrees to pay MARK.SENZE the entire order amount minus the discount prior to the start of the project. Only after payment has been received will the project start with MARK.SENZE. 2) This discount cannot be combined with the Innovator Deal, Explorer Deal or First-Time Deal. This discount does not apply to content products (= digital content / digital products) or Marketing Bootcamp products.
11.5.2. Innovator Deal: The client benefits from a ~10% discount on the advertised normal price. In return, the client commits to the following conditions: 1) Advance payment: The client commits to pay the entire order amount minus the discount to MARK.SENZE before the start of the project. Only after payment has been received, will the project start with MARK.SENZE. 2) Evaluation and recommendation: After the completion of the service received from MARK.SENZE, the client is obligated to submit a written evaluation of the service as well as a recommendation for MARK.SENZE within 14 days. The evaluation shall include the minimum of an evaluation based on a school grade scale and a written evaluation and recommendation of at least 30 words. MARK.SENZE reserves the right to determine the form in which the evaluation is submitted and to use the name and photograph of the client, the name and logo of the company/brand, the evaluation, the recommendation and/or a quote from the client for advertising purposes. 3) This discount cannot be combined with the Curiosity Deal, Explorer Deal or First-Time Deal. This discount does not apply to content products (= digital content / digital products) or Marketing Bootcamp products.
11.5.3. Explorer Deal: The client benefits from a ~20% discount on the advertised normal price. In return, the client commits to the following conditions: 1) Advance payment: The client commits to pay the entire order amount minus the discount to MARK.SENZE before the start of the project. Only after payment has been received, will the project start with MARK.SENZE. 2) Evaluation and recommendation: After the completion of the service received from MARK.SENZE, the client is obligated to submit a written evaluation of the service as well as a recommendation for MARK.SENZE within 14 days. The evaluation shall include the minimum of an evaluation based on a school grade scale and a written evaluation and recommendation of at least 30 words. MARK.SENZE reserves the right to determine the form of the evaluation and to use the name and photograph of the client, the name and logo of the company/brand, the evaluation, the recommendation and/or a quote from the client for advertising purposes. 3) Case study: MARK.SENZE reserves the right to use the client’s sourced service from the contractor in form of a case study for advertising purposes. The preparation of the case study is the responsibility of MARK.SENZE, however, the client is obligated to cooperate with MARK.SENZE in providing content, graphics and images for the case study. MARK.SENZE will use its best efforts to disclose information in a responsible manner to avoid damaging the client’s business. 4) This discount cannot be combined with the Curiosity Deal, Innovator Deal or First-Time Deal. This discount does not apply to content products (= digital content / digital products), Marketing Bootcamp products or any training or coaching product.
11.5.4. First-Time Deal: The client benefits from a ~15% discount on the advertised normal price. In return, the client agrees to the following conditions: 1) Evaluation and recommendation: After the completion of the purchased service from MARK.SENZE, the client agrees to submit a written evaluation of the service as well as a recommendation for MARK.SENZE within 14 days. The evaluation shall include the minimum of an evaluation based on a school grade scale and a written evaluation and recommendation of at least 30 words. MARK.SENZE reserves the right to determine the form of the evaluation and to use the name of the client, the name of the company/brand, the evaluation, the recommendation and/or a quote from the client for advertising purposes. 2)Case study: MARK.SENZE reserves the right to use the client’s sourced service from the contractor in form of a case study for advertising purposes. The preparation of the case study is the responsibility of MARK.SENZE, but the client is obligated to cooperate with MARK.SENZE in providing content, graphics and images for the case study. MARK.SENZE will use its best efforts to ensure that information is disclosed in a responsible manner in order to avoid damaging the client’s business. 3) This discount is only available to the client once as a new customer discount. This discount cannot be combined with other discounts except the Combination Deal. This discount does not apply to content products (= digital content / digital products), Marketing Bootcamp products or any training or coaching product.
11.5.5. Combination Deal: The client benefits from a ~10% discount on the total amount, if at least two services are commissioned at the same time. The Combination Deal can be used alone, but can also be combined with the Curiosity Deal, the Innovator Deal or the Explorer Deal.
11.6. The percentage discount is to be understood as a point of reference. The actual, absolute discount amount may differ from the percentage discount due to rounding or embellished price claims. Accordingly, the absolute discount as stated in the web shop applies and not the percentage discount.
12.1. Regarding entrepreneurs / B2B customers (= corporate clients) as clients
12.1.1. For clients who are not consumers within the meaning of the Austrian Consumer Protection Act [KSchG] (corporate clients or B2B), there is no right of withdrawal within the meaning of the Austrian Distance and Outward Transactions Act [FAGG].
12.2. For private customers / B2C customers (= end customers) as clients of consulting services, training, education and coaching
12.2.1. The right of withdrawal according to the Distance and Foreign Transactions Act [FAGG] applies to clients who are consumers within the meaning of the Consumer Protection Act (B2C) [KSchG].
12.2.2. Clients have the right to withdraw from this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day of the conclusion of the contract.
12.2.3. In order to exercise the right of withdrawal, the client must inform MARK.SENZE of the decision to withdraw from this contract by means of a clear declaration.
12.2.4. In order to revoke the contract, a revocation form must be completed (see section “withdrawl” on the homepage, or available here: https://marksenze.com/withdrawl) and sent to MARK.SENZE in writing by letter or e-mail.
12.2.5. In order to comply with the withdrawal period, it is sufficient for the client to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
12.2.6. If the client has requested that the services begin during the cancellation period, the client must pay the amount corresponding to the proportion of the services already provided up to the point in time at which the client notifies MARK.SENZE of the exercise of the right of cancellation with regard to this contract in comparison to the total scope of the services provided for in the contract.
12.2.7. If the client revokes this contract, MARK.SENZE must return all payments received from the client without delay and at the latest within fourteen days of the day on which MARK.SENZE received notification of the revocation of this contract. For this repayment, MARK.SENZE will use the same means of payment that the client used for the original transaction.
13.1. MARK.SENZE is entitled to send invoices to the client in electronic form. The client expressly agrees to MARK.SENZE sending invoices in electronic form.
14. Cancellation and rescheduling of COURSES, trainings and coachings
14.1. Applicable terms for individually agreed courses, trainings and coachings:
14.1.1. In the event of cancellation by the client up to 30 calendar days before the start of the event, 50% of the costs shall be incurred as cancellation costs. In the event of cancellation within 30 calendar days before the start of the event, 100 % of the costs shall be incurred as cancellation costs. This regulation does not apply in the B2C sector; in this case, MARK.SENZE shall endeavour to find an individual solution. If the customer is a consumer, MARK.SENZE shall, upon request, provide the reasons for the fact that MARK.SENZE has neither saved anything as a result of the failure to provide the service nor acquired anything by using it elsewhere or intentionally failed to acquire it.
14.1.2. A postponement up to 30 calendar days before the start of the event is possible once free of charge after consultation with MARK.SENZE. In the event of a repeated postponement, 100% of the costs will be incurred as cancellation costs. A postponement within 30 calendar days before the start of the event is not possible, 100% of the costs will be incurred as cancellation costs. This regulation does not apply in the B2C area; here MARK.SENZE contractor will endeavour to find an individual solution. If the customer is a consumer, MARK.SENZE shall, upon request, provide the reasons for the fact that MARK.SENZE has neither saved anything as a result of the failure to provide the service nor acquired anything by using it elsewhere or intentionally failed to acquire it.
14.2. For public courses and trainings that are not individually agreed, the general right of withdrawl under point 12 applies.
14.3. MARK.SENZE reserves the right to cancel courses, training and coaching sessions up to 14 days before the start of the respective service (e.g. if the required minimum number of participants is not reached). In this case, any amounts already paid will be refunded. However, MARK.SENZE will not pay any further compensation (e.g. for lost expenses).
14.3.1. The regulation mentioned in point 14.3. also applies if a trainer has to cancel his/her participation at short notice, for example due to illness.
14.4. MARK.SENZE reserves the right to replace announced trainers with an adequate replacement.
14.5. If it is not possible to hold a course, the training or coaching due to force majeure or public law regulations, MARK.SENZE reserves the right to hold these courses in the form of an online event. If the client is a consumer, they have the option to object to this form of event processing.
15.1. This contract ends in principle with the completion of the project/service and the corresponding invoicing.
15.2. The right to extraordinary termination remains unaffected for both contracting parties.
16.1. The contracting parties confirm that they have provided all information in the contract conscientiously and truthfully and undertake to notify each other immediately of any changes.
16.2. Amendments to the contract and these GTC must be made in writing, as must any waiver of this formal requirement. There shall be no verbal collateral agreements.
16.3. This contract shall be governed by Austrian substantive law, excluding the conflict of laws rules of private international law and the UN Convention on Contracts for the International Sale of Goods. However, this choice of law may not lead to a person being deprived of the protection granted to him by the mandatory regulations of his country of residence (cf. Art. 6 Par. 2 Rome I Regulation), if the client is a consumer.
16.4. The place of performance is the location of MARK.SENZE’s professional branch.
16.5. The court at MARK.SENZE’s place of business has exclusive jurisdiction for disputes. In case of doubt, this is the responsible court in Wels, Austria. If the principal is a consumer and has his domicile or habitual residence in Austria or is employed in Austria, the principal may, by way of derogation, only be sued before the courts in whose jurisdiction his domicile, habitual residence or place of employment is situated.
16.6. Attention is drawn to the possibility of settling disputes via an online dispute resolution platform (Article 14 (1) sentence 1 of the ODR Regulation) (https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=DE) and national consumer arbitration boards. MARK.SENZE is not willing to participate in a dispute resolutio procedure before a consumer arbitration board.
16.7. MARK.SENZE is entitled to use the logo or the name of the customer as a reference. The right to be quoted as a reference extends beyond the contractual relationship.